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Section 1010.04. - Credit against payment of traffic impact fees. <br />(1) Any person who shall commence any land development activity generating traffic may apply for a <br />credit against any fee owed pursuant to the provisions of this chapter for any improvement listed on <br />the 20 -year Capital Improvement Plan of Indian River County or the 20 -year Capital Improvement <br />Plan of any municipality participating in this chapter, including any contribution, payment or <br />construction made pursuant to a development order issued by Indian River County or any <br />participating municipality pursuant to its local development regulation or Section 380.06,. Florida <br />Statutes, or any additional development requirement imposed by the Florida Land and Water <br />Adjudicatory Commission on a development of regional impact. <br />(2) The credit shall be in an amount equal to the market value of the capital improvement on the date of <br />the contribution, payment, construction or land dedication. No credit shall exceed the fee for the <br />proposed impact generating activity imposed by this chapter, unless a credit (developer's) <br />agreement is completed which provides use of excess credits and stipulates how the excess credits <br />will be applied toward additional lands owned by a developer within the same traffic impact fee <br />benefit district. <br />No credit shall be granted for any costs, contribution, payment, construction or land received by <br />Indian River County or any municipality participating in this chapter where such costs were incurred <br />or contributions made in relation to development for which a building permit was issued prior to <br />March 1, 1986. <br />(4) No credit shall be granted for any costs, contribution, payment, construction or land received by <br />Indian River County or any municipalityparticipating in this chapter if said costs, contribution, <br />payment, construction or land dedication is received or made before a credit agreement is approved <br />by the county administrator or his designee and is fully executed by all applicable parties. Any claim <br />for credit not so made and approved shall be deemed waived. <br />The determination of any credit amount shall be undertaken through the submission of a proposed <br />credit agreement, on an application form provided by the county, to the county director of community <br />development for initial review before submission to the county administrator. Within twenty (20) days <br />of receipt of a proposed credit agreement, the community development director or his designee shall <br />determine if the proposal is complete. If it is determined that the proposed agreement is not <br />complete, the director of community development or his designee shall send a written statement to <br />the applicant outlining the deficiencies. The county shall take no further action on the proposed credit <br />agreement until all application submittal deficiencies have been corrected or otherwise settled. <br />(6) Once the proposal is determined to be complete, the county administrator or his designee shall, <br />within thirty (30) days of such a determination, review the proposed agreement, and shall approve <br />said agreement if the provisions and requirements of this chapter are satisfied. <br />(A) No credit shall be given for site -related improvements or site -related right-of-way dedications. <br />(B) Site -related improvements are capital improvements and right-of-way dedications for direct <br />access to and/or within a development. Direct access improvements include, but are not limited <br />to, the following: <br />1. Access roads leading to and from the development; <br />2. The paving and/or improvement of a thoroughfare plan roadway segment, where such <br />improvement is necessary to provide paved access to and from the project, if the roadway <br />segment is not scheduled to be improved within five (5) years from the time of the credit <br />agreement, as shown on the adopted capital improvements program; <br />3. Driveways and roads within the development; <br />4. Acceleration and deceleration lanes, and right and left turn lanes leading to those roads <br />and driveways within the development; <br />(3) <br />(5) <br />175 <br />